A Person Must Be First Heard Before Depriving Or Allowing Him Of Project Affected Persons Certificate: Bombay High Court
The Bombay High Court, Nagpur Bench has held that a person cannot be deprived of the project affected persons certificate without being provided an opportunity of hearing.
A Division Bench of Justice A.S. Chandurkar and Justice Vrushali V. Joshi observed, “We find that the impugned communication deprives the petitioner of the project affected persons certificate and hence it was necessary for the Deputy Collector to have first heard the petitioner and after granting opportunity to him ought to have taken a decision in that regard. Since the impugned communication has been issued in breach of principles of natural justice, it is liable to be set aside.”
The Bench noted that the project affected persons certificate that was earlier issued to the petitioner came to be cancelled in 2019 but without granting any opportunity to him or putting on notice that it was proposed to cancel the said certificate.
Advocate Alok Daga appeared for the petitioner while Assistant Government Pleader S.A. Ashirgade and Advocate N.R. Rode appeared for the respondents.
In this case, the challenge raised was regarding the communication issued by the Deputy Collector, Nagpur cancelling the project-affected person certificate issued to the petitioner. It was the case of the petitioner that the lands owned by him, his father, and his mother came to be acquired by the National Thermal Power Corporation (NTPC) by virtue of an award.
The parents of the petitioner together received an amount of Rs. 5 lakhs in terms of Clause 5 of the National Rehabilitation and Resettlement Policy 2007 that came to be executed between the Maharashtra Government and NTPC. The petitioner as a son claimed employment in terms of Clause 3 of the said policy and the Deputy Collector cancelled the project-affected person certificate that was issued to the petitioner on the ground that his parents have received compensation towards such acquisition.
The High Court after hearing the contentions of the counsel noted, “The reason stated in the said communication is that as his parents have received compensation of Rs.Five lakhs, the petitioner would not be entitled to employment.”
The Court further held that the communication issued by the Deputy Collector is set aside and consequently the project-affected person certificate issued to the petitioner shall stand restored.
“The Deputy Collector shall issue a notice to the petitioner if it proposes to cancel the project affected persons certificate standing in the name of the petitioner. After seeking the petitioner’s explanation, necessary decision in that regard shall be taken. … The question as regards the benefit of Section 6(c) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 and whether such benefit can be granted to the petitioner shall also be examined by the respondent no.5”, said the Court.
Accordingly, the Court allowed the plea and said that all its directions shall be taken expeditiously and decision be taken in accordance with the law.
Cause Title- Pritam Murlidhar Ughade v. NTPC Limited & Ors.
